DASODA DEVI ALIAS GENDARANI Vs. CHUNNA

JUDGEMENT

(1.) THIS is wife's first appeal under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), against the Judgment and Decree dated 25. 1. 1986, whereby the learned District Judge, Damoh passed decree for restitution of conjugal rights under Section 9 of the Act in favour of the Respondent/husband.

(2.) THE short facts leading to this appeal are as under : The respondent brought an action against the appellant/wife claiming decree for restitution of conjugal rights under Section 9 of the Act. According to the plaint averments, marriage between the spouses was solemnized in the year 1974 in village Khamaria Tehsil Hata, District Damoh according to the Hindu customs and rituals prevailent amongst the Kachchi caste of Damoh district. The parties consumated their marriage by cohabiting in village Ronda, for about 8 years. However, in the month of June, 1982, the appellant deserted the respondent and did not return to village Ronda despite several attempts were made by the husband including service of a registered notice dated 5. 3. 1984.

(3.) THE appellant/wife, instead of replying to the notice dated 5. 3. 1984, demanded maintenance amount to the tune of Rs. 300/- per month. Therefore, it was alleged that it was the wife who deprived the husband of his conjugal rights, and on these facts the petition under Section 9 of the Act, seeking decree for restitution of conjugal rights, was filed.